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DIRECTIVE No. 08/2004/CT-TTg OF MARCH 8, 2004 ON ORGANIZING THE IMPLEMENTATION OF THE CONSTRUCTION LAW

The Construction Law was passed on November 26, 2003 by the XIth National Assembly at its fourth session and takes implementation effect as from July 1, 2004. The Prime Minister hereby requests the ministers, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and centrally-run cities to well organize the work of preparation for implementation of the Construction Law in order to quickly put the Construction Law into practice, create positive improvements in construction activity and construction investment management, and put the work of construction activity management into order and discipline. For the immediate future, it is necessary to concentrate efforts on performing the following tasks:

1. To expeditiously prepare conditions for the implementation of the Construction Law:

From now till the Construction Law takes effect, it is necessary to concentrate efforts on well performing the following key tasks:

a/ Building up a system of legal documents related to the Construction Law for synchronous promulgation:

- The Ministry of Construction shall have to draft decrees and relevant documents in order to submit them to the Government for promulgation or promulgate in time according to its competence when the Law takes effect; review the system of current legal documents related to construction activities and the system of construction regulations and standards in order to amend or supplement them or promulgate new ones to suit the Construction Law;

- The Ministry of Defense, the Ministry of Public Security and the Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Construction in expeditiously studying and drafting regulations on construction of defense and security works classified as State secrets and works built on emergency orders;

- The ministries, the ministerial-level agencies, the agencies attached to the Government and the People's Committees of the provinces and centrally-run cities shall have to review, amend, supplement or promulgate according to their respective competence, or submit to the Government or the Prime Minister for promulgation, documents of their respective branches in compatibility with the Construction Law;

b/ Organization of law dissemination and education work:

- The Ministry of Construction shall assume the prime responsibility for, and coordinate with the concerned ministries and branches in, organizing the dissemination of the Construction Law and relevant legal documents to construction-managing officials of the ministries, branches and localities; profoundly and widely propagate and disseminate them to all people so that they can grasp the Law's contents as well as responsibilities of subjects participating in construction activities and responsibilities to manage construction activities by various levels and branches; heighten the people's sense of strict observance of the Law's provisions;

- The Ministry of Construction shall assume the prime responsibility for, and coordinate with the Ministry of Culture and Information, the Radio Voice of Vietnam, Vietnam Television Station and the Ministry of Justice in, organizing the propagation of the Construction Law on the mass media;

- The People's Committees of all levels shall organize the propagation and dissemination of the Construction Law in their respective localities so that all people know and implement the Construc-tion Law.

c/ Consolidation of organizational apparatuses for implementation of the Construction Law:

- The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Construction in, studying and proposing the organizational consolidation in order to assist the commune-, district- and provincial-level People's Committees in enhancing the manage-ment of construction activities in their respective localities, as decentralized to them;

- The People's Committees of all levels shall have to reorganize the construction management, ensuring adequate qualified personnel for the performance of the function of State management over construction in their respective localities according to the provisions of the Construction Law;

- The Ministry of Construction shall have to organize training and fostering for officials and public servants directly engaged in the work of construction management, especially for the ward/commune-level officials in order to raise their managerial capabilities;

- Construction enterprises shall have to intensify personnel and equipment investment, raising their construction capabilities in order to implement the decentralization of construction capabilities according to the provisions of the Construction Law.

2. To well organize the implementation of current legal documents on construction investment management for implementation of the Construction Law:

The organization of implementation of the Construction Law must be carried out in a synchronous and comprehensive manner. From now till the Construction Law takes effect, it is necessary to strictly implement the Construction and Investment Management Regulation issued together with the Government's Decree No. 52/1999/ND-CP of September 1, 1999, Decree No. 12/2000/ND-CP of May 5, 2000 and Decree No. 07/2003/ND-CP of January 30, 2003, and other relevant current regulations; and at the same time to well perform the following major tasks:

a/ To complete the elaboration, approval and management of construction plannings, to redress the situation where plannings are not put into practice, the situation of "suspended" plannings:

- The Ministry of Construction shall have to guide localities in implementing the processes of elaborating plannings on construction of urban centers and rural population quarters, ensuring the simplification of procedures, smooth implemen-tation and efficiency; guide the urban designing work in order to manage urban architecture in service of the construction licensing and construc-tion investment management; improve the process of granting construction permits to be simplified and strict, thus creating favorable conditions for people to apply for construction permits;

- The provincial-level People's Committees shall have to direct the subordinate People's Committees in reviewing plannings on construction of urban centers and rural population quarters in localities under their respective management in order to adjust in time construction plannings to suit the practical situation, and at the same time draw up specific time-tables and plans on capital sources for the elaboration of plannings on construction of unplanned urban centers and rural population quarters. In 2004 and 2005, basically, in urban centers and rural population quarters, there must be approved construction plannings, ensuring that plannings must go first in the construction activities. Construction plannings approved by competent authorities must be publicized and widely notified to people of all strata for implementation and super-vision according to law provisions. To resolutely handle cases where construction is carried out in contravention of plannings or construction permits, construction without permits, in contravention of permits or in encroachment of public land. To put an end to the situation where sanctions are imposed but illegal constructions are let to exist, restoring order and discipline in the granting of construction permits;

b/ To overcome weaknesses in management of construction and investment as well as construction works' quality:

- To rectify the situation of scattered and inefficient investment or prolonged outstanding debts with the State capital source managed by ministries, branches and localities; all investment projects on work construction must comply with the approved plannings and yield efficiency;

- To seriously implement the Government's regulations on decentralization of the approval and management of construction investment projects, clearly defining responsibilities of organizations, individuals, investors and subjects participating in construction activities and managing construction investment projects, taking measures to preclude negative phenomena, which cause wastefulness and losses in construction and investment or making construction investment projects inefficient;

- To take measures to preclude negative phenomena in bidding or low tender, thus affecting construction quality or lowering projects' investment efficiency;

- To make intensive investment, raise the capabilities of construction consulting organiza-tions, project management units and construction enterprises to fully meet the prescribed conditions on capability, and restore order in construction activities. To step by step professionalize the construction investment project-managing organizations, especially construction supervision consultancy organizations;

- The selection of contractors in construction activities must ensure that these contractors fully meeting the capability conditions for corresponding activities are selected. All causes of poor quality of works must be clarified with responsibilities therefor defined and resolute handling. To put an end to the situation where works are built with inferior quality, causing human and property losses.

3. To well perform the examination and inspection in construction and investment:

a/ To intensify the examination and inspection of the observance of construction legislation

In 2004, the Ministry of Construction, the State Inspectorate, the ministries, branches and the People's Committees of the provinces and centrally-run cities shall concentrate efforts on performing the examination and inspection tasks according to the Politburo's opinions in Notice No. 108/TB/TW of May 14, 2003 on capital construction investment examination as well as land management and use, and the Prime Minister's Decision No. 273/QD-TTg of April 12, 2002 on construction investment examination as well as land management and use.

Violation acts detected through examination and inspection, which had been committed particularly by officials or public servants, who abuse their positions and powers for corruption, bribe taking or giving, thus causing damage to the State must be resolutely handled.

b/ To definitely settle complaints and denunciations about construction investment management.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces or centrally-run cities shall, according to their assigned functions and tasks, have to organize the implementation of this Directive. The Ministry of Construction shall have to monitor and urge the implementation of this Directive by the ministries, branches and localities and report thereon to the Prime Minister.

Prime Minister
PHAN VAN KHAI